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SPEECH 



HON. JAMES TALLMADaE, 



DUCHESS COUNTY, NEW YORK, 



HOUSE OF REPRESENTATIVES OF THE UNITED STATES, 



SLAVERY. 



BOSTON: 

PRINTED BY TICKNOR & COMPANY 

M DCCC XLIX. 



PREFATOUY REMARKS. 



The general interest which prevails in every part of the 
United States at the present time, in relation to the existence of 
slavery, and especially its introduction into new territory, in- 
duces me to beheve that the reprint of the fragments of Con- 
gressional history which compose this pamphlet may afford 
gratification to many who are not conversant with the debates 
of 1819, in the House of Representatives. 

I have searched the records of that day with some diligence, 
and I find that very few of the recent discussions in Congress 
embody more important statements than are contained in the 
able speech of General James Tallmadge, of New York, and 
who was then the Representative from Duchess County, in 
that State. The ordinance of 1787 was the work of Nathan 
Dane, of Massaclmsetts. After the adoption of the Constitu- 
tion, the question upon the restriction of slavery in any new 
State, did not offer itself to Congi-ess until the year 1819, when 
a bill was introduced into the House, " for authorizing the 
people of the territory of Missouri to form a Constitutiou and 
State government, and for the admission of the same into the 
Union." At this crisis. General Tallmadge nobly asserted the 
cause of human freedom. I quote from the National Intelli- 
gencer of Feb. 15th, 1819 : — 



IV PREFATORY REMARKS. 

" House of Representatives, Feb, 13. 

"The House, on the motion of Mr. Scott, resolved itself into 
a committee of the whole, on the bills to enable the people of 
the territories of Missouri and Alabama to form State govern- 
ments. 

" The bill relating to Missouri tenitory was &st taken up. 
In the course of the consideration Mr. Tallmadge moved an 
amendment substantially to hmit the existence of slavery in 
the new State, by declaring all men free who shovildbe born in 
the territory after its admission into the Union, and providing 
for the gi-adual emancipation of those now held in bondage. 
This motion gave rise to an interesting and pretty wide debate, 
in which the proposition was supported by the mover, and by 
Messrs. Liverraore and Mills ; and was opposed by Messrs. 
Clay, (Speaker,) Barbour and Pindall ; but before any question 
was taken, the Committee rose, and the House adjourned." 

The IrUdUgcncer of the 16th Feb. gives the following account 
of the proceedings of the House : 

" Tlie House having again resolved itself into a committee 
of the whole, (on the Missouri Bill. ) 

" The question being on the proposition of Mr. TaUmadge, to 
amend the bill by adding to it the following proviso : 

" ' And provided that the further mtroduction of slavery, or 
involuntary servitude, into the said State, be prohibited, except 
for the puuishmeut of crimes, whereof the party shall have 
been duly convicted ; and that all children of slaves born 
within the said State, after the admission thereof into the Union, 
shall be free, but may be held to service until the age of 
twenty-five years.' 

"The debate which commenced on Saturday was to-day 
resumed on this proposition ; which was supported by Mr. 
Taylor, Mr. Mills, Mr. Livermore, and Mr. Fuller ; and opposed 
by Mr. Barbour, Mr. Clay, Mr. Pindall, and Mr. Holmes. 

" Besides the above gentlemen, Mr. Hanison and IMr. Hen- 
dj-icks sjjoke on points incidentally introduced into the debate. 

(Cen. Harrison, here mentioned, was then a member from 
Ohio.) 



PREFATORY REMARKS. 



" The question being put on tlie motion of Mr. Tallmadge, 
the vote was, for the amendment, 79 ; against it, 67 ; so the 
amendment was agi-eed to." 

On this debate and vote, the editor of the Intelligencer re- 
marks, (Feb. 16) : 

" In the House of Representatives (yesterday) a decision 
took place in Committee of the Whole, which, if confirmed by 
the House, may be expected to have an important bearing on 
the pohtical relations of the several States, and to have a wider 
scope of operation than on the face of it would be supposed. It 
was to annex a restriction on the embryo State of Missouri, 
from admitting into the Constitution which the people are to be 
authorized to form, the recognition of the prmciple of slavery. 
This is the first instance of such a restriction being imposed on 
the new States ; and the result of the motion to superadd it to 
the provisions of the bill, appears to have been wJwlly unex- 
pected." 

On the 16th of February, (we further learn from the reports 
of the proceedings in the same paper, ) the bill was taken up 
by the House, as reported from the Committee of the Whole ; 
and, after a long debate, the question was taken on the first 
part of Mr. Tallmadge's amendment, and carried, — yeas, 87 ; 
nays, 76, — and the latter part of the amendment (relating to 
the children of slaves) was also earned, — yeas, 82 ; nays, 7S. 

" So the whole of the amendments, as proposed by Mr. Tall- 
madge, were agreed to. 

" The question on ordering the bill to be engrossed for a third 
reading, was decided m the affirmative, 97 to 56, and the 
House adjourned." 

In the Senate, on the 22nd of February, the first clause of 
Mr. Talhiiadge's amendment was stricken out, — yeas, 22 ; 
nays, 16. 

Among the yeas we observe the names of a few northern 
men, viz., Harrison Gray Otis, of Massachusetts, Mr. Palmer, 
of Vermont, and Mr. Lacock, of Pennsylvania. 

The last clause of the amendment was also stricken out by 
the Senate, — yeas, 31 ; nays, 7. 



VI PUEFATORY REMARKS. 

" On the 2nd of March the House refused to concur with the 

Senate in strildng out the amendment, — yeas, 76 ; nays, 78, — 
and so the bill was lost by disagreement between the two 
houses. 

" The next Congi'ess, however, passed a bill to admit Mis- 
souri into the Union, with tlie celebrated compromise section, 
restricting slavery in all territory of the United States (except 
the State of Missomi) north of latitude 36° 30'. The House 
adopted the compromise on the 2nd of March, 1820, — yeas, 
90 ; nays, 87. 

" At the session of 1819, before referred to, a bill to estabhsh 
the territory of Arkansas was passed. Wliile it was under 
discussion in the House, Mr. John W. Taylor, of New York, 
proposed, on the Ihth of Febniary, a restriction as to slavery, 
in the words of Mr. Tallmadge's proviso, which had been 
adopted by the House two days previous. The fust clause of 
the amendment was lost, — yeas, 70; nays, 71, — the latter 
part carried, — yeas, 75 ; nays, 73 ; — but finally stricken out 
by the casting vote of the Speaker, (Mr. Clay,) — yeas, 88 ; 
nays, 88. 

" Mr. Taylor again moved the fijst clause, which was lost, — 
yeas, 86 ; nays 90, — and the Bill was finally passed on the 
20th of February." 

The people of the territory of Alabama were authorized to 
forma State convention at the same session, of 1819, — no 
op|)ositiou being made to the bill. Here I think it right to say, 
that while Mr. Tallmadge was nobly opposed to the enlarge- 
ment of the area of slavery, by engrafting it upon new territory, 
he had that deference for constitutional and state rights which 
led him to withhold his opposition in this case. And, I would 
observe, that the facts of the admission of Alabama are pecu- 
harly deserving of notice, and the course adopted by Mr. 
Tallmadge exhibits liini most favorably, as a high-minded and 
discrimmating politician. 

The people of the territory of Alabama had petitioned for 
admission into the Union ; — the bill was before the same Con- 
gress, but stood low down on the calendar of business, and 
during the debate on the Missouri bill, a motion was made by 



PREFATORY REMARKS. VU 

the delegate to take the question for the admission of Alabama 
out of the order of business. 

Mr. Tallmadge, of New York, rose and seconded the motion, 
to take the question for the admission of Alabama out of its 
order. He said, the principles he had avowed in the debate 
on the Missouri bill, would guide his course on this bill. That 
slavery in the old States which formed the Constitution was a 
question of State authority, and did not belong to the United 
States, and was to be regulated by the compromises then made 
in the Constitution. That in cases of newly acquired territory, 
not inhabited, he considered it an open question for legislation, 
on the expediency of the terms and conditions of admission ; 
that, in the case of Alabama, it was territory, since acquired 
by purchase, it teas a settled country and ^vith a dense i:oim- 
lation, pre-existing before the purchase. That it would be a 
violation of the rights of property, and bad faith to the inhabit- 
ants and settlers to add to Alabama the condition which he liad 
moved and was now under discussion on the Missouri bill. 
Mr, T. said he should not, therefore, move such condition to 
the Alabama bill, and he believed no such condition would be 
moved. He therefore moved the question on the bill for the 
admission of Alabama. 

The question was taken, and carried without opposition or 
division, and contained no restrictions as to slavery. 

The conduct of Gen. Tallmadge and his colleagvie, the late 
Mr. Taylor, gave great popularity to both these gentlemen, 
and forever endeared them to the people of their State ; Gen. 
Tallmadge has ever smce, whether in high public station, or 
in private life, enjoyed 'the fullest confidence of his fellow- 
citizens, and been delegated by them to both the Conventions 
for formmg and altering the Constitution. The speech made 
in Congress was printed at the time, by a society in New York, 
as appears from the Letter annexed ; and was also thought 
worthy of publication in England and Germany, where the 
boldness of its character excited much surprise. In a recent 
perusal of this production, I was so much pleased with its 
manly and consistent view of * the matter in hand, and its 
remarkable adaptation to the present postme of public affairs, 



ViU rilEFATOKy KEMAKKS. 

that I have deemed it worthy of a more general circulation than 
it has had among the prcacnt generation. I regard the docu- 
ment as a public one ; and, believing that the honorable 
gentleman still holds the same views upon Slavery and Free- 
dom, as are conveyed in his admirable argument, I have felt 
no hesitancy in placing it before the public upon ray individual 
responsibihty. I am rejoiced to know that the citizens of the 
great State of New York are sound upon this important sub- 
ject ; and it is gratifying to see the general feeling of the other 
States now coinciding with views originally promulgated by 
her distinguislied son, who yet hves in the enjoyment of health 
and activity, to witness the prevalence of sentiments which it 
was his honor and happiness fir at to announce, at such an 
eventfid period of the history of our country. 

R. F. J. 
Boston, Feb. 1, 1849. 



SPEECH 

OF THE 

HONORABLE JAMES TALLMADGE, 

MEMBER OF CONGRESS FROM DUCHESS COUNTY, STATE OF NEW YORK, 



Debate on " The Bill for Authorizmg the People of the Territori/ 
of Missouri to form a Constitution and State Gocernment, and 
for tJie Admission of the same into the Union." 

TJie amendment proposed, was a condition in these uwds — " And 
provided also, that the further introduction of slavery or involun- 
tary servitude into the said State, be frohdiited, except for the pun- 
ishment of crimes, ichereof the party shcdl have been duly convict- 
ed — and that all children of slaves, born within the said State, 
after the admission thereof into the Union, shall be free, but 
may be held to service until the age of tioe^ityfive years." 

Mr. Tallmadge, of New York, rose. — Sir, said he, it 
has been my desire and my intention to avoid any debate 
on the present painful and unpleasant subject. When I had 
the honor to submit to this House the amendment now under 
consideration, I accompanied it with a declaration, that it 
was intended to confine its operation to the newly acquired 
territory across the Mississippi ; and I then expressly de- 
clared, that I would in no manner intermeddle with the 
slaveholding states, nor attempt manumission in any one of 
the original states in the Union. I even went further, and 
stated, that I was aware of the delicacy of the subject — and, 
that I had learned from southern gentlemen, the difficulties 
and the dangers of having free blacks intermingling with 
slaves ; and, on that account, and with a view to the safety 
of the white population of the adjoining states, I would not 
even advocate the prohibition of slavery in the Alabama ter- 
ritory ; because, surrounded as it was by slaveholding states, 
and with only imaginary lines of division, the intercourse 
between slaves and free blacks could not be prevented, and 
a servile war might be the result. While we deprecate and 
mourn over the evil of slavery, humanity and good morals 
2 



10 



require us to wish its abolition, under circumstances consist- 
ent with the saff'ty of tlie white population. Willinf!;ly, 
therefore, will T suhinit to an evil, which we cannot safely 
remedy. I admitted all that had been said of the danger of 
having free blacks visible to slaves, and therefore did not 
hesitate to pledge myself, that I would neither advise nor 
attempt coercive manumission. But, sir, all these reasons 
cease when we cross the banks of the Mississippi, a newly 
acquired territory, never cont(>mplated in the formation of 
our government, not included within the compromise or 
mutual pledge in the adoption of our Constitution — a territory 
acquired by our common fund, and ought justly to be subject 
to our connnon legislation. 

When I submitted the amendment now under considera- 
tion, accompanied with these explanations, and with these 
avowals of my intentions and of my motives — I did expect 
that gentlemen, who might differ from me in opinion, would 
appreciate the liberality of my views, and would meet me 
with moderation, as upon a fair subject for general legislation. 
I did expect, at least, that the frank declaration of my views, 
would protect me from harsh expressions, and from the un- 
friendly imputations which have been cast out on this occa- 
sion. But, such has been the character and the violence of 
this debate, and expressions of so much intemperance, and 
of an aspect so threatening, have been used, that continued 
silence on my part would ill become me, who had submitted 
to this House the original ])roposition. While this subject 
was under ebate before the committee of the whole, I did 
not take the floor, and I avail myself of this occasion to 
acknowledge my obligations to my friends, (Mr. Taylor and 
Mr. Mills,) for the manner in which they supported my 
amendment, at a time, when I was unable to partake in the 
debate. I had only on that day returned from a journey 
long in its extent, and painful in its occasion ; and, from an 
affection of my breast, I could not then speak ; I cannot yet 
hope to do justice to the subject, but I do hope to say enough 
to assure my friends, that I have not left them in the con- 
troversy, and to convince the opjjonents of the measure, that 
their violence has not driven me from the debate. 

Sir, the honorable gentleman from Missouri, (Mr. Scott,) 
•who has just resumed his seat, has told us of the ides of 
March, and has cautioned us to " beware of the fate of 
Cjesur and of Home." Another gentleman, (Mr. Cobb,) 



11 

from Georgia, in addition toother expressions of great warmth, 
has said, that if we persist the Union will he dissolved ; and, 
with a look fixed on me, hac told us, " we have kindled a 
fire, which all the waters of the ocean cannot put out ; which 
seas of blood can only extinguish !" 

Language of this sort I as no effect on me ; my purpose is 
fixed ; it is interwoven with my existence ; its durability is 
limited with my life ; it is a great and glorious cause, setting 
bounds to a slavery, the most cruel and debasing the world 
has ever witnessed ; it is the freedom of man ; it is the cause 
of unredeemed and unregenerated human beings. 

If a dissolution of the Union must take place, let it he so ! 
If civil war, which gentlemen so much threaten, must come, 
I can only say, let it come ! My hold on life is probably as 
frail as that of any man who now hears me ; but, while that 
hold lasts, it shall be devoted to the service of my country — 
to the freedom of man. If > lood is necessary to extinguish 
any fire which I have assisted to kindle, I can as'sure gentle- 
men, while I regret the necessity, I shall not forbear to con- 
tribute my mite. The violence, to which gentlemen have 
resorted on this subject, will not move my purpose, nor drive 
me from my place. I have the fortune and the honor to 
stand here as the representative of freemen, who possess 
intelligence to know their rights, who have the spirit to 
maintain them. Whatever might be my own private senti- 
ments on this subject, standing here as the representative of 
others, no choice is left me. 1 know the will of my consti- 
tuents, and, regardless of consequences, T will avow it — as 
their representative, I will proclaim their hatred to slavery, 
in every shape — as their representative, here will I hold my 
stand, till this floor, with the Constitution of my country 
which supports it, shall sink beneath me. If I am doomed 
to fall, I shall at least have the painful consolation to believe 
that I fall, as a fragment, in the ruins of my country. 

The gentleman from Virginia, (Mr. Gholston,) has accused 
my honorable friend from New Hampshire, (Mr. Livermore,) 
of " speaking to the galleries, and, by his language, endeav- 
ouring to excite a servile war," and has ended by saying, 
" he is no better than Arbuthnot or Ambrister ; and deserves 
no better fate." When I hear such language uttered upon 
this floor, and within this House, I am constrained to consider 
it as hasty and unintended language, resulting from the 
vehemence of debate, and not really intending the personal 
indecorum the expressions would seem to indicate. (Mr. 



12 



Gholston asked to explain, and said he had not distinctly 
understood Mr. T. — Mr. Livermore called on Mr. G. to 
state the expressions he had used. Mr. G. then said he had 
no explanation to give.) Mr. T. said he had none to ask — 
lie continued to say, he would not believe any gentleman on 
this floor would commit so great an indecorum against any 
member, or against the dignity of this House, as to use such 
expressions, really intending the meaning which the words 
seem to import, and which had been uttered against the 
gentleman liom New Hampshire. (Mr. Nelson of Virginia, 
in the chair, called to order, and said no personal remarks 
would be allowed.) Mr. T. said he rejoiced the chair was 
at length aroused to a sense of its duties. The debate had, 
for several days, progressed with unequalled violence, and all 
was in order — but now, when at length this violence on one 
side is to be resisted, the chair has discovered it is out of 
order. I rejoice, said Mr. T., at the discovery, I approve of 
the admonition, while I am proud to say, it has no relevancy 
to me. It is my boast that I never uttered an unfriendly 
personal remark on this floor, but I wish it distinctly under- 
stood, that the immutable laws of self-defence will justify 
going to great lengths, and that, in the future progress of this 
debate, the rights of defence would be regarded. 

Sir, has it already come to this — that, in the Congress of 
the United States — that, in the legislative councils of Repub- 
hcan America, the subject of slavery has become a subject 
of so much feeling — of so much delicacy — of such danger, 
that it cannot safely be discussed ? Are members who 
venture to express their sentiments on this subject, to be 
accused of talking to the galleries, with intention to excite a 
servile war ; and of meriting the fate of Arbuthnot and 
Ambrister ? Are we to be told of the dissolution of the 
Union ; of civil war, and of seas of blood ? And yet, with 
such awful threatenmgs before us, do gentlemen, in the same 
breath, insist upon the encouragement of this evil ; upon the 
extension of this monstrous scourge of the human race ? An 
evil so fraught with such dire calamities, to us, as individu- 
als, and to our natbn, and threatening, in its progress, to 
overwhelm the civil and religious institutions of the country, 
with the liberties of the nation, ought, at once, to be met, 
and to be controlled. If its power, its influence, and its 
impending dangers, have already arrived at such a point, 
that it h not safe to discuss it on this floor ; and it cannot 



13 

now pass under consideration as a proper subject for general 
legislation, what will be the result when it is spread through 
your widely extended domain? Its present threatenint>; as- 
pect, and the violence of its supporters, so far from inducing 
me to yield to its progress, prompt me to resist its march. 
Now is the time. It must now be met, and the extension of 
the evil must now be prevented, or the occasion is irrecover- 
ably lost, and the evil can never be contracted. 

Extend your view across the Mississippi, over your newly 
acquired territory — a territory so far surpassing, in extent, 
the limits of your present country, that that country which 
gave birth to your nation, which achieved your Revolution, 
consolidated your Union, formed your Constitution, and has 
subsequently acquired so much glory, hangs but as an ap- 
pendage to the extended empire over which your republican 
government is now called to bear sway. Look down the 
long vista of futurity ; see our empire, in extent unequalled, 
in advantageous situation without a parallel, and occupying 
all the valuable part of our continent ! Behold this extend- 
ed empire, inhabited by the hardy sons of American free- 
men, knowing their rights, and inheriting the will to protect 
them — owners of the soil on which they live, and interest- 
ed in the institutions which they labor to defend ; with two 
oceans laving your shores, and tributary to your purposes ; 
bearing on their bosoms the commerce of your people 1 
Compared to yours, the governments of Europe dwindle 
into insignificance, and the whole world is without a parallel. 
But, reverse this scene ; people this fair dominion with the 
slaves of your planters ; extend slavery, this bane of man, 
this abomination of heaven, over your extended empire, and 
you prepare its dissolution ; you turn its accumulated strength 
into positive weakness ; you cherish a canker in your breast ; 
you put poison in your bosom ; you place a vulture on your 
heart — nay, you whet the dagger and place it in the hands 
of a portion of your population, stimulated to use it by every 
tie, human and divine ! The envious contrast between your 
happiness and their misery, between your liberty and their 
slavery, must constantly prompt them to accomplish your 
destruction ! Your enemies will learn the source and the 
cause of your weakness. As often as external dangers shall 
threaten, or internal commotions await you, you will then 
realize, that, by your own procurement, you have placed 
amidst your families, and in the bosom of your country, a 



14 



population producing, at once, the greatest cause of indi- 
vidual danger and of national weakness. With this defect, 
your government must crumble to pieces, and your people 
become the scoff of the world ! 

We have been told, with apparent confidence, that we 
have no right to annex conditions to a State, on its admis- 
sion into the Union ; and it has been urged that the pro- 
posed amendment, prohibiting the' further introduction of 
slavery, is unconstitutional. This position, asserted with so 
much confidence, remains unsupported by any argument, or 
by any authority derived from the Constitution itself. The 
Constitution strongly indicates an opposite conclusion, and 
seems to contemplate a difference between the old and the 
new States. The practice of the government has sanc- 
tioned this difference in many respects. 

The third section of the fourth article of the Constitution 
says, " new States may be admitted by the Congress into this 
Union," and it is silent as to the terms and conditions upon 
which the new States may be so admitted. The fair in- 
ference from this silence is, that the Congress which might 
admit should prescribe the time and the terms of such ad- 
mission. The tenth section of the first article of the Con- 
stitution says, " the migration or importation of such per- 
sons as a)iy of the States now existing shall think proper 
to admit, shall not be prohibited by the Congress prior to the 
year 1808." The words '^ now existing" clearly show the 
distinction for which we contend. The word slave is no- 
where mentioned in the Constitution ; but this section has 
always been considered as applicable to them, and unques- 
tional)ly reserved the right to prevent their importation into 
any neiv State before the year 1808. 

Congress, therefore, have power over the subject, probably 
as a matter of legislation, but more certainly as a right, to 
prescribe the time and the condition upon which any new 
State may be admitted into the family of the Union. Sir, 
the bill now before us proves the correctness of my argu- 
ment. It is filled with conditions and limitations. The 
territory is required to take a census, and is to be admitted 
only on condition that it have 40,000 inhabitants. I have 
already submitted amendments preventing the State from 
taxing the lands of the United States, and declaring that all 
navigable waters shall remain open to the other States, and 
be exempt from any tolls or duties. And my friend, (Mr. 



1^ 

Taylor,) has also submitted amendments, prohibiting the 
State from taxing soldiers' lands for the period of five years. 
And to all these amendments we have heard no objection 
— they have passed unanimously. But now, when an 
amendment, prohibiting the further introduction of slavery, 
is proposed, the whole House is put in agitation, and we 
are confidently told that it is unconstitutional to annex con- 
ditions on the admission of a new State into the Union. 
The result of all this is, that all amendments and conditions 
are proper, which suit a certain class of gentlemen, but 
whatever amendment is proposed, which does not comport 
with their interests or their views, is unconstitutional, and a 
flagrant violation of this sacred charter of our rights. In 
order to be consistent, gentlemen must go back and strike 
out the various amendments to which they have already 
agreed. The Constitution applies equally to all, or to none. 

We have been told, that this is a new principle for which 
we contend, never before adopted, or thought of. So far 
from this being correct, it is due to the memory of our an- 
cestors to say, it is an old principle, adopted by them as the 
policy of our country. Whenever the United States have 
had the right and the power, they have heretofore prevent- 
ed the extension of slavery.' The States of Kentucky and 
Tennessee were taken off from other States, and were ad- 
mitted into the Union without condition, because their lands 
were never owned by the United States. The territory 
northwest of the Ohio is all the land which ever belonged 
to them. Shortly after the cession of those lands to the 
Union, Congress passed, in 1787, a compact which was de- 
clared to be unalterable, the sixth article of which provides 
that " there shall he neither slavery nor involuntary servitude 
in the said territory, otherwise than in the punishment for 
crimes, whereof the party shall have been duly convicted.^' 
In pursuance of this compact, all the States formed from 
that territory have been admitted into the Union upon va- 
rious considerations, and amongst which the sixth article of 
this compact is included as one. 

Let gentlemen also advert to the laws for the admission 
of the State of Louisiana into the Union ; they will find it 
filled with conditions. It was required not to form a constitu- 
tion upon the principles of a republican government, but it 
was required to contain the " fundamental principles of civil 
and religious liberty." It was even required, as a condition 



16 

of its admission, to keep its records and its judicial and leg- 
islative proceedings in the English language ; and also to se- 
cure the trial by jury, and to surrender all claim to unap- 
propriated lands in the temtory, with the prohibition to tax 
any of the United States lands. 

After this long practice and constant usage to annex con- 
ditions to the admission of a State into the Union, will gen- 
tlemen yet tell us it is unconstitutional, and talk of our prin- 
ciples being novel and extraordinary ? It has been said, 
tliat if this amendment prevails, we shall have a union of 
States possessing unequal rights. And we have been asked 
whether we wished to see such a " chequered union 1 " 
Sir, we have such a union already. If the prohibition of 
slavery is the denial of a right, and constitutes a chequered 
union, gladly would I behold such rights denied, and such a 
chequer spread over every State in the Union. It Is now 
spread over the States northwest of the Ohio, and forms the 
glor}'- and the strength of those States. I hope It will be ex- 
tended from the Mississippi to the Pacific Ocean. 

We have been told that the ])roposed amendment cannot 
be received, because it is contrary to the treaty and cession 
of Louisiana " Article 3. The Inhabitants of the ceded 
territory shall be incorporated into the Union of 'the United 
States, and admitted as soon as possible, according to the 
principles of the federal constitution, to the enjoyment 
of all the rights, advantages, and Immunities of citizens 
of the United States, and In the mean time they shall 
be maintained and protected in the free enjoyment of 
their liberty, their property, and the religion which they 
profess." I find nothing, said Mr. T., in this article of the 
treaty, incompatible with the proposed amendment. The 
rights, advantages, and Immunities of citizens of the United 
States are guaranteed to the inhabitants of Louisiana. If 
one of them should choose to remove into Virginia, he could 
take his slaves with him ; but If he removes to Indiana, or 
any of the States northwest of the Ohio, he cannot take his 
slaves with him. If the proposed amendment prevails, the 
inhabitants of Louisiana, or the citizens of the United States, 
can neither of them take slaves Into the State of Missouri. 
All, therefore, may enjoy equal privileges. It is a disability, 
or what I call a blessing, annexed to the particular district 
of country, and In no manner attached to the Individual. 
But, said Mr. T., while I have no doubt that the treaty 



ii 

contains no solid objection against the proposed amendment, 
if it did, it would not alter my determination on the subject. 
The Senate, or the treaty-making power of our government, 
have neither the right nor the power to stipulate, by a 
treaty, the terms upon which a people shall be admitted in- 
to the Union. This House have a right to be heard on the 
subject. The admission of a State into the Union is a leg- 
islative act, which requires concurrence of all the depart- 
ments of legislative power. It is an important prerogative 
of this House, which I hope will never be surrendered. 

The zeal and the ardor of gentlemen, in the course of 
this debate, has induced them to announce to this House, 
that, if we persist and force the State of Missouri to accede 
to the proposed amendment, as the condition of her admis- 
sion into the Union, she will not regard it, and, as soon as 
admitted, will alter her constitution, and introduce slavery 
into her territory. Sir, I am not now prepared, nor is it 
necessary to determine, what would be the consequence of 
such a violation of faith — of such a departure from the fun- 
damental condition of her admission into the Union. I would 
not cast upon a people so foul an imputation, as to believe 
they would be guilty of such fraudulent duplicity. The 
States northwest of the Ohio have all regarded the faith and 
the condition of their admission ; and there is no reason to 
believe the people of Missouri will not also regard theirs. 
But, sir, whenever a State admitted into the Union shall 
disregard and set at nought the fundamental conditions of its 
admission, and shall, in violation of all faith, undertake to 
levy a tax upon lands of the United States, or a toll upon 
their navigable waters, or introduce slavery, where Congress 
have prohibited it, then it will be in time to determine the 
consequence. But, sir, if the threatened consequences were 
known to be the certain result, yet would I insist upon the 
proposed amendment. The declaration of this House, the 
declared will of the nation, to prohibit slavery, would pro- 
duce its moral effect, and stand as one of the brightest orna- 
ments of our country. 

It has been urged, with great plausibility, that we should 
spread the slaves now in our country, and thus spread the 
evil, rather than confine it to its present districts. It has 
been said, we should thereby diminish the dangers from 
them, while we increase the means of their living, and aug- 
ment their comforts. But, you may rest assured that this 
3 



18 

FPasoning is fallacious, and that, while slavery is admitted, 
the market will be supplied. Our coast, and its contiguity to 
the West Indies and the Spanish possessions, render easy the 
introduction of slaves into our country. Our laws are al- 
ready liiiihly penal airainst their introduction, and yet, it is a 
well known fact, that about fourteen thousand slaves have 
been brought into our country this last year. 

Since we have been engaged in this debate, we have 
witnessed an elucidation of this argument, of bettering the 
condition of slaves, by spreading them over the country. A 
slave driver, a trafficker in human flesh, as if sent by Provi- 
dence, has passed the door of your Capitol, on his way to the 
West, driving before him about fifteen of these wretched vic- 
tims of his power, collected in the course of his traffic, and, 
by their removal, torn from every relation, and from every 
tie which the human heart can hold dear. The males, who 
might raise the arm of vengeance and retaliate for their 
wrongs, were hand-cuffed, and chained to each other, while 
the females and children were marched in their rear, under 
the guidance of the driver's whip ! Yes, sir, such has been 
the scene witnessed from the windows of Congress Hall, 
and viewed by members who compose the legislative coun- 
cils of Republican America. 

Sir, in the course of the debate on this subject, we have 
been lold that, from the long habit of the southern and west- 
ern people, the possession of slaves has become necessary 
to them, and an essential requisite in their living. It has 
been urged, from the nature of the climate and soil of the 
southern countries, that the lands cannot be occupied or 
cultivated without slaves. It has been said that the slaves 
prosper in those places, and that they are much better off 
there than in their own native country. We have even been 
told that, if we succeed, and prevent slavery across the Mis- 
sissippi, we shall greatly lessen the value of property there, 
and shall retard, for a long series of years, the settlement of 
that country. 

Sir, said Mr. T., if the western country cannot be settled 
without slaves, gladly would I prevent its settlement till time 
shall be no more. If this class of arguments is to prevail, 
it sets all morals at defiance, and we are called to legislate 
on the subject, as. a matter of mere personal interest. If 
this is to be the case, repeal all your laws prohibiting the 
slave trade ; throw open this traffic to the commercial states 



19 

of the East ; and, if it better the condition of these wretched 
beings, invite the dark population of benighted Africa to be 
translated to the shores of Republican America. But, sir, 
I will not cast upon this or upon that gentleman an imputa- 
tion so ungracious as the conclusion to which their arguments 
would necessarily tend. I do not believe any gentleman on 
this floor could here advocate tlie slave trade, or maintain, 
in the abstract, the principles of slavery. I will not out- 
rage the decorum, nor insult the dignity of this House, by 
attempting to argue in this place, as an abstract proposition, 
the moral right of slavery. How gladly would the " legiti- 
mates of Europe chuckle,'' to find an American Congress in 
debate on such a question. 

As an evil brought upon us without our own fault, before 
the formation of our government, and as one of the sins of 
that nation from which we have revolted, we must of neces- 
sity legislate upon this subject. It is our business so to leg- 
islate, as never to encourage, but always to control this evil ; 
and, while we strive to eradicate it, we ought to fix its lim- 
its, and render it subordinate to the safety of the white pop- 
ulation, and the good order of civil society. 

On this subject the eyes of Europe are turned upon you. 
You boast of the freedom of your constitution and your laws ; 
you have proclaimed, in the Declaration of Independence, 
" That all men are created equal ; that they are endowed by 
their Creator with certain unalienable rights — that amongst 
these are life, liberty, and the 'pursuit of happiness ; and yet 
you have slaves in your country. The enemies of your 
government, and the legitimates of Europe, point to your 
inconsistencies, and blazon your supposed defects. If you 
allow slavery to pass into territories where you have the 
lawful power to exclude it, you will justly take upon your- 
self all the charges of inconsistency ; but, confine it to the 
original slaveholding States, where you found it at the form- 
ation of your government, and you stand acquitted of all 
imputation. 

This is a subject upon which I have great feeling for the 
honor of my country. In a former debate upon the Illinois 
constitution, I mentioned that our enemies had drawn a pic- 
ture of our country, as holding in one hand the Declaration 
of Independence, and with the other brandishing a whip 
over our affrighted slaves. I then made it my boast that we 
could cast back upon England the accusation, and that she 



20 

bad committed tlie original sin of bringing slaves Into our 
country. Sir, 1 have since received through the post office, 
a letter, post-mariccd in South Carolina, and signed, "A 
JSative of England,'^ desiring that, when I had occasion to 
repeat my boast against England, I w^ould also state that 
she had atoned for her original sin, by establishing in her 
slave colonies a system of humane laws, meliorating their 
condition and providing for their safety, while America had 
committed the secondary sin of disregarding their condition, 
and had even provided laws by which it was not murder to 
kill a slave. I felt the severity of the reproof ; I felt for my 
country. I have inquired on the subject, and I find such 
were formerly the laws in some of the slaveholding States ; 
and that ev^en now, in the State of South Carolina, by law, 
the penalty of death is provided for stealing a slave, while 
the murder of a slave is punished by a trivial fine. Such is 
the contrast and the relative value which is placed, in the 
opinion of a slaveholding State, between the property of the 
master and the life of a slave. 

Gentlemen have undertaken to criminate and to draw 
odious contrasts between different sections of our country — 
I shall not combat such arguments ; I have made no pre- 
tence to exclusive morality on this subject, either for myself 
or my constituents ; nor have I cast any imputations on oth- 
ers. On the contrary, 1 hold that mankind under like cir- 
cumstances are alike, the world over. The vicious and un- 
principled are confined to no district of country, and it is for 
this portion of the community we are bound to legislate. 
When honorable gentlemen inform us, we overrate the cruel- 
ty and the dangers of slavery, and tell us that their slaves 
are happy and contented, and would even contribute to their 
safety, they tell us but very little : they do not tell us, that 
while their slaves are happy, the slaves of some depraved 
and cruel wretch, in their neighborhood, may not be stimu- 
lated to revenge, and thus involve the country in ruin. If 
we had to legislate only for such gentlemen as are now cm- 
braced within my view, a law against robbing the mail would 
be a disgrace upon the nation ; and, as useless, I would tear 
it from the pages of your statute book ; yet sad experience 
has taught us the necessity of such laws — and honor, jus- 
tice, and policy, teach us the wisdom of legislating to limit 
the extension of slavery. 

Sir, in the zeal to draw sectional contrasts, we have been 



21 

told by one gentleman, that gentlemen from one district of 
country talk of their religion and their morality, while those 
of another practice it. And the superior liberality has been 
asserted of southern gentlemen over those of the north, in all 
contributions to moral institutions, for bible and missionary 
societies. I understand too well the pursuit of my purpose 
to be decoyed and drawn off into the discussion of a collateral 
subject. I have no inclination to controvert these assertions 
of comparative liberality. Although I have no idea they are 
founded in fact, yet, because it better suits the object of my 
present argument, I will, on this occasion, admit them to the 
fullest extent. And what is the result ? Southern gentle- 
men, by their superior liberality in contributions to moral 
institutions, justly stand in the first rank, and hold the first 
place in the brightest page of the history of our country. 
But, turn over this page, and what do you behold ? You 
behold them contributing to teach the doctrines of Christ- 
ianity in every quarter of the globe. — You behold them 
legislating to secure the ignorance and stupidity of their own 
slaves ! You behold them prescribing by law, penalties 
against the man that dares teach a negro to read. Such, 
sir, is the statute law of the state of Virginia. [Mr. Bassett 
and Mr. Tyler said that there was no such law in Virginia.] 

No, sir, said Mr. T., I have mis-spoken myself; I ought 
to have said, such is the statute law of the state of Georgia. 
Yes, sir, while we hear of a liberality which civilizes the 
savages of all countries, and carries the Gospel alike to the 
Hottentot and the Hindoo, it has been reserved for the 
republican state of Georgia, not content with the care of its 
overseers, to legislate to secure the oppression and the ignor- 
ance of their slaves. The man who there teaches a negro 
to read, is liable to a criminal prosecution. The dark be- 
nighted beings of all creation profit by our liberality — save 
those of our own plantations. Where is the missionary who 
possesses sufficient hardihood to venture a residence to teach 
the slaves of a plantation ? Here is the stain ! Here is the 
stigma ! which fastens upon the character of our country ; 
and which, in the appropriate language of the gentleman 
from Georgia, (Mr. •Cobb,) all the waters of the ocean cannot 
wash out ; ivhich seas of blood can only take away. 

Sir, there is yet another, and an important point of view, 
in which this subject ought to be considered. We have been 
told by those who advocate the extension of slavery into the 



22 

Missouri, that any attempt to control this subject by legisla- 
tion, is a violation of that faith and mutual confidence, upon 
which our Union was formed, and our Constitution adopted. 
This argument might be considered plausible, if the restric- 
tion was attempted to be enforced against any of the slave- 
holding states, which had been a party in the adoption of the 
Constitution. But it can have no reference or application to 
a new district of country, recently acquired, and never con- 
templated in the formation of government, and not embraced 
in the mutual concessions and declared faith, upon which the 
Constitution was adopted. The Constitution piovides, that 
the representatives of the several states to this House, shall 
be according to their number, including three-fifths of the 
slaves in the respective states. This is an important benefit 
yielded to the slaveholding states, as one of the mutual 
sacrifices for the Union. On this subject I consider the 
faith of the Union pledged ; and I never would attempt 
coercive manumission in a slaveholding state. 

But none of the causes which induced the sacrifice of this 
principle, and which now produce such an unequal repre- 
sentation of the free population of the country, exists as 
between us and the newly acquired territory across the 
IMississippi. That portion of country has no claims to such 
an unequal representation, unjust in its results upon the 
other states. Are the numerous slaves in extensive countries, 
which we may acquire by purchase, and admit as states into 
the Union, at once to be repre ented on this floor, under a 
clause of the Constitution, granted as a compromise and a 
benefit to the southern states, which had borne part in the 
Revolution ? Such an extension of that clause in the Consti- 
tution, would be unjust in its operations, unequal in its results, 
and a violation of its original intention. Abstract from the 
moral effects of slavery, its political consequences, in the 
representation under this clause of the Constitution, demon- 
strate the importance of the proposed amendment. 

Sir, I slrall bow in silence to the will of the majority, on 
which ever side it shall be expressed ; yet 1 confidently hope 
that majority will l)e found on the side of an amendment, so 
replete with moral consequences, so pregnant with important 
political results. 



PEOCEEDINGS 

OF THE 

MANUMISSION SOCIETY 

OF THE CITY OF NEW YORK, 

AND THE CORRESPONDENCE OF THEIR COMMITTEE MTH 
MESSRS. TALLMADGE AND TAYLOR. 



New York, Feb. 24, 1819, 

Gentlemen, — The New York Society for promoting the manumis- 
sion of slaves, &c., have directed us, as their committee, to transmit to 
you the enclosed resolutions. 

It is grateful to our feelings to he the Medium on this occasion, of 
communicating to you the sincere and unanimous acknowledgments of 
the society, for services honorable alike to the public and personal 
character of those by whom they have been performed, and to the state, 
by whose representatives, her public opinion on the subject of Slavery, 
has been so manfully asserted. 

With sentiments of respectful consideration, we have the honor to be. 
Your ob't serv'ts, 

I. M. ELY, 
HIRAM KETCHUM, 
GEORGE NEWBOLD. 
To the Hon, Messrs. James Tallmadge, ) 
and John W. Taylor. S 



In the New York Manumission Society. 

At a special meeting, held in the city of New York, February 23, 
1819 — 

The minutes of the proceedings of the House of Representatives of 
the United States, on the bill for authorizing the people of the territory 
of Missouri, to form a constitution and state government, and for the 



24 



admission of the same into the Union, and on the hill to estahlish the 
ten'ilorial government of the Arkansas territory, having been read; from 
•vvhicli it appears, that motions were introduced, by the Honorable James 
Tallmadoe, and the Hon. John W. Taylor, representatives from this 
state, for preventing the further introduction of slavery into the pro- 
posed state and territory, and for securing the ultimate emancipation of 
all children, who may hereafter be born of slaves, in such state and 
territory : The following resolutions, were thereupon, on motion, unan- 
imously adopted : — 

Resolved, That, in the opinion of this society, the further introduction 
of slavery into any of our states or territories, is revolting to the enlight- 
ened philanthropy of the present age — is irreconcilable with the genius 
of our government and institutions, and hostile to the political, moral, 
and social interests of our common country. 

Resolved, That the Hon. Messrs. Tallmadge and Taylor, for their 
manly and persevering efforts in Congress, to prevent the further exten- 
sion of the evils of slavery, have elevated the character of the state of 
New York, and entitled themselves to the approbation of all good men. 

Resolved, That the thanks of this society be presented to those gen- 
tlemen, as a memorial of the sense which we entertain of the value of 
their services, in the cause of justice, of humanity, and of freedom. 

Resolved, That the above preamble and resolutions be signed by the 
president of this society, and that copies of the same be transmitted to 
Messrs. Tallmadge and Taylor, by a select committee, to be appointed 
for that purpose. 

CADWALLADER D. GOLDEN, President. 



Washington, March 1, 1819. 

Gentle.men, — Your favor of the 24th of last month, transmitting 
resolutions of the New York Society for promoting the manumission of 
slaves, was duly received. We cannot be insensible to the favorable 
opinion expressed by your Institution of our efforts to advance the cause 
of freedom in America. That the very luimane and benevolent objects 
of your association, may ultimately receive their full accomplishment, 
is our constant desire and ardent prayer Our best exertions on all 
occasions, will be faithfully directed to the promotion of the same 
grand design. Whatever may be the issue of the particular subject, 
which gave rise to the resolutions, we shall ever cherish a grateful re- 
collection of the approbation of our services, by the members of your 
society. In requesting of you the favor to communicate to them our 
unfeigned thanks, for their distinguished notice, we tender to you our 
united acknowledgments for the friendly sentiments contained in your 
letter. 

We have the honor to be, very respectfully, 
Your ob't scrv'ts, 

JAMES TALLMADGE, 
JOHN TAYLOR. 
Messrs. I. M. Ely, Hiram Ketchum, 
and George Newbold. 



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